Donald Trump has taken a strong stance on H-1B visa policy, aiming to prioritize only the highest-skilled candidates who qualify for high-paying jobs, while restricting access for others.
His focus is on granting H-1B visas to top-tier students from leading U.S. universities who seek jobs, unlike the broader eligibility criteria currently in place. Or else, the employees who come onsite should possess execessive skills deserving them to be paid the higher salaries.
Trump’s administration is advancing several amendments, including changes to the "specialty occupation" category, which would further narrow the qualifications needed to obtain an H-1B visa in the United States.
Though seventy-four organizations, including universities and economic development groups, formally opposed Trump’s restrictive interpretation of “specialty occupation", he is keen on implementing this once he assumes power in Jan 2025.
According to the National Foundation for American Policy, 51% of U.S borne professionals in computer occupations do not hold degrees in computer science, making strict degree requirements restrictive and impractical.
For example a Non-Computer Science graduate who gets trained in some software vertical may not get H1B down the line.
Tech leaders like Elon Musk, who have voiced support for Trump, are generally in favor of high-skilled immigration, which could create policy friction if Trump implements restrictive immigration measures.
The Trump administration sought to end work eligibility for H-4 visa holders (spouses of H-1B visa holders), though it didn’t materialize. But now the tensions are looming on this topic among the spouses of immigrants who are on H1B Visa.
Trump’s Department of Labor proposed requiring salaries 40%–100% higher than the market average for H-1B professionals.
In many cases, employers would be required to pay H-1B workers at least $208,000 annually regardless of skill level—a figure that made hiring prohibitively expensive for many positions.
Trump policies drove RFE (Request For Evidence) rates to 60% for H-1B petitions by the first quarter of FY 2019, raising legal fees to $2,000–$4,500 per case. This may be increased further as per an opinion.
Increased documentation requirements and higher wage rules for H-1B employees raised costs and discouraged employers from hiring foreign-born talent.
We have to see how these will be implemented and how far the USA see the fruits of it positively.
